Opinion | The ANC and the EFF have been at odds over aspects of land expropriation

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Parliament will decide tomorrow (Tuesday) whether to pass a law that would allow for the expropriation of land without compensation.

This comes after the matter was shelved ahead of the elections in November, with political parties agreeing to table it for adoption in December.

The ANC and the EFF have been at odds over aspects of land expropriation.

The EFF wants the state to be the custodian of all land in the country, whereas the ANC wants the state to have custodianship in certain portions of land.

A two-thirds majority is required for the land expropriation law to be passed.

It is important to note that the government’s policy on land reform is not focussed on land per se, but is, actually, in support of the restitution of property.

Sections 25 and 26 of the Constitution, Act 108 of 1996 is of importance when discussion land reform. Both of these clauses are contained in the Bills of Rights and are therefore rights bestowed on all of us.

Section 25 (Property) should always be read in conjunction with section 26 (Housing) in any discussion relating to expropriation without compensation. Section 25(1) sets out the constitutional parameters of the constitutional right to property:


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